Constitutional Court

The applicant filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that his constitutional rights were violated by the decision of the President of the Republic of Kosovo on appointment of Mr. Goran Zdravković as member to the Central Election Commission, as a representative of the Serbian community. The Applicant alleged that the President of the Republic of Kosovo had violated his rights and freedoms guaranteed by the Constitution, without quoting any specific constitutional provision.

The Court found that the referral of applicant was inadmissible, pursuant to Article 49 of the Law on the Constitutional Court of the Republic of Kosovo, since the Applicant had not filed his referral in compliance with timelines as provided by the mentioned provision. Quoting its case law in the case KI 41/09 Universiteti AAB-RIINVEST LLC, Prishtina v. Government of the Republic of Kosovo, the Court further noted that the Applicant had not clarified his referral, in compliance with Article 48 of the Law on the Constitutional Court, and had not proven how were his constitutional rights violated by an act of a public authority, since the Constitution of Kosovo does not provide on any actio popularis remedy. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.